Youth And Community Workers

Joint Negotiating Committee for Youth and Community Workers (JNC)

15th October 2009

Joint Education Services Circular (JESC) no 171 Irregular Working Patterns

The Joint Negotiating Committee for Youth and Community Workers (JNC) previously issued JESC no 147 (see below) which included the European Court of Justice's ruling on rolled up holiday pay. The ruling is that rolling up pay for statutory annual leave into the hourly rate of pay for employees is contrary to the Working Time Directive. Employers should ensure that employees actually take appropriate and recordable periods of paid leave.

The divisor in Section 30, "Irregular Working Patterns" of the JNC report can still be used in certain circumstances eg a worker being employed for a few days can be paid in lieu of annual leave at the end of the contract; or members of staff working unpredicted additional hours to those they are contracted to work.

The divisor should not generally be used for permanent full or part-time employees, or for where it is possible to predict the length of the employment or additional hours.

Allison Wheeler for Employers' Side Secretary

Doug Nicolls Staff Side Secretary

28th November 2006

Joint Education Services Circular no 147 Part Time Employees - Pro-rata Provision

The Joint Negotiating Committee for Youth and Community Workers (JNC) discussed at a recent meeting, its pro-rata provision for part-time employees. In order to assist any local discussions, the JNC agreed to write a joint circular reconfirming its agreement that all part-time workers are entitled to receive pay, leave, bank holidays and any other benefit on a pro-rata basis.

The JNC also wishes to draw attention to:

• the provisions of "The Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002" which limits the use of successive fixed term contracts. The JNC is keen to encourage wherever possible, the permanent employment of full and part-time employees;

• the European Court of Justice's ruling (March 2006) that rolling up pay for statutory annual leave into the hourly rate of pay for employees is contrary to the Working Time Directive. Employers who use systems of rolled up holiday pay should change to a system which ensures that employees actually take appropriate and recordable periods of paid leave.

Should you have any queries on any of the above, please contact your HR Department or your respective Employer or Staff Side Secretaries.

Allison Wheeler For Employers' Side Secretary

Doug Nicholls Staff Side Secretary